What to Do After a Car Accident in Texas

A car accident can turn an ordinary afternoon upside down in a matter of seconds. Between the shock, the adrenaline, and the flashing hazard lights, it's easy to forget what actually needs to happen next. Yet the choices you make in the first hour — and the first few weeks — after a Texas car accident often decide whether you recover fully, both physically and financially.

This guide walks through exactly what to do after a car accident in Texas, in the order it typically needs to happen, so you're not scrambling to figure it out while you're still shaken up.

Step-by-Step: What to Do Right After the Crash

1. Check for Injuries and Move to Safety

Before anything else, check yourself and your passengers for injuries. If your vehicle is drivable and blocking traffic, move it to the shoulder or a nearby parking lot. If anyone is seriously hurt, don't attempt to move them unless there's an immediate danger like fire or oncoming traffic.

2. Call 911

Texas law requires you to report a crash to law enforcement if it involves injury, death, or apparent property damage of $1,000 or more — which covers the vast majority of accidents. A responding officer will typically file a CR-3 crash report, which becomes one of the most important pieces of evidence for your claim.

3. Exchange Information

Get the other driver's name, phone number, address, driver's license number, license plate, and insurance information. If there are witnesses, ask for their contact details too — their account can be invaluable if fault is disputed later.

4. Document the Scene

Use your phone to photograph vehicle damage, license plates, skid marks, road conditions, traffic signals, and any visible injuries. Wide shots that show the overall scene and the position of the vehicles are just as important as close-ups.

5. Get Medical Attention — Even If You Feel Fine

Adrenaline masks pain. Injuries like whiplash, concussions, and soft-tissue damage often don't show symptoms for hours or even days. Prompt treatment not only protects your health, it also creates a medical record that ties your injuries directly to the crash — something insurance adjusters look for closely when evaluating a claim.

6. Notify Your Insurance Company

Report the accident to your insurer promptly, even if you weren't at fault. Stick to the facts — the time, location, and basic sequence of events. Avoid speculating about fault or giving a recorded statement until you understand how it may affect your claim.

7. Keep Detailed Records

Save every receipt, medical bill, repair estimate, and piece of correspondence. Keep a simple log of missed workdays, mileage to appointments, and how your injuries have affected daily life. These records become the backbone of any settlement calculation.

Key Texas Laws You Should Know

Texas Is an At-Fault State

Unlike no-fault states, Texas operates on a fault, or "tort," system. Drivers are required to carry minimum liability coverage of $30,000 per injured person, $60,000 per accident, and $25,000 in property damage (often written as 30/60/25). The at-fault driver's insurance is generally responsible for covering the other party's medical bills, lost wages, and other damages. Personal Injury Protection (PIP) coverage is available in Texas but is optional — insurers must offer it, and drivers can decline it in writing.

Statute of Limitations

Under current Texas law, you generally have two years from the date of the accident to file a personal injury lawsuit, per the Texas Civil Practice and Remedies Code. Missing this deadline can permanently bar your ability to recover compensation, so it's worth marking the date clearly and not waiting until the last minute to evaluate your options.

Modified Comparative Negligence

Texas follows a modified comparative negligence rule, sometimes called the "51% bar rule." If you're found 51% or more at fault for the crash, you're barred from recovering damages from the other party. If you're 50% or less at fault, your compensation is simply reduced by your percentage of fault.

Texas Crash Statistics Worth Knowing

According to the Texas Department of Transportation, the state records hundreds of thousands of traffic crashes every year, with distracted driving, speeding, and failure to control speed among the most commonly cited contributing factors. Rear-end collisions and intersection crashes remain among the most frequent crash types in major metro areas like Houston and Dallas.

Costs and Settlement Considerations

Every crash is different, but most settlements are built from a combination of the following factors:

Factor	What It Covers
Medical expenses	Emergency care, follow-up treatment, physical therapy, future care needs
Lost wages	Missed work during recovery, reduced earning capacity for lasting injuries
Property damage	Vehicle repair or replacement, rental car costs
Pain and suffering	Physical pain, emotional distress, reduced quality of life

Because Texas relies on the at-fault driver's liability insurance rather than your own PIP coverage, the strength of your claim often comes down to how clearly fault can be established and documented. If the at-fault driver's coverage is insufficient to cover your damages, your own uninsured/underinsured motorist coverage can help fill the gap. Most personal injury attorneys handle these cases on a contingency-fee basis, meaning you typically pay nothing upfront and fees are only collected if you recover compensation.

Common Mistakes People Make After a Crash

• Skipping medical care. Gaps in treatment make it easier for insurers to argue your injuries weren't serious or weren't caused by the crash.
• Posting about the accident on social media. Insurance adjusters routinely review public posts to dispute injury claims.
• Giving a recorded statement too early. Details given before you know the full extent of your injuries can be used against you later.
• Accepting the first settlement offer. Early offers are often calculated before the full cost of treatment is known.
• Not documenting lost income or daily-life impacts. These damages are easy to underestimate without a running log.
• Assuming the other driver's insurance will "just handle it." Insurers represent their own financial interests, not yours.

When It Makes Sense to Get Legal Guidance

Not every fender-bender requires legal representation. But it's worth speaking with someone who understands Texas's state-specific injury laws if you're dealing with a serious injury, a disputed fault determination, a lowball settlement offer, or mounting medical bills that outpace your available coverage. Many people also find it helpful to review a general overview of how a personal injury claim works before deciding whether to pursue one.

Frequently Asked Questions

You can also browse law firms directly or check the legal FAQ section for answers to more of your questions.